dog poop on my lawn
- Thread starter zardoz
- Start date
Precisely... it was a non-violent, amicable solution and I made my point very clear.
Like I said I actually made a bit of a friend out of the situation. Sometimes all people need is a little "edumucation".
In this case the OP is the VICTIM of the crime and what part of break a byLAW isn't a crime?
Furthermore, trespassing IS a law. If someone breaks that law, they are committing a crime or an offence.
If you break it you can be charged.
Here we go again.......
I have Logitec WiLife surveillance cams. Starts at $250 for a single cam. You can view your home cameras from anywhere over the internet.
http://www.logitech.com/en-us/video_security_systems/
Motion sensitive turn on and off. Wireless and work great. Video captured on your PC. You can put a cameras wherever there is an outlet. I caught a fox hangin around my house on cam.
I would catch the pooper on video and upload it to Youtube.
http://www.logitech.com/en-us/video_security_systems/
Motion sensitive turn on and off. Wireless and work great. Video captured on your PC. You can put a cameras wherever there is an outlet. I caught a fox hangin around my house on cam.
I would catch the pooper on video and upload it to Youtube.
Bylaws are different and you know it. The are federal, provincial and municipal crimes, all handed differently, by different officers, different codes of law and different courts
I am sorry Tboy, but while all this works out logically in your head, it doesn't hold up so well in reality. You can not detain someone for not picking up poop. I don't think you would even be able to get a actual cop to come your place if you called about this. There are Bylaw officers for a reason. To handle the little shit {pardon the pun} If you put your hands on someone in this case, you would/could be arrested for assault and still have to come up to a pile on your lawn.
The advice given is clear, get as much evidence as you can on the person. Give the info the bylaw office, follow up until it stops. Each new incident needs new proof. Simple as that.
SR: you and fuji are missing the point: the dog poop is the evidence yet T R E S P A S S I N G is NOT a bylaw infraction.
Get it? T R E S P A S S I N G.....
oh, and just to clarify? When you complain about a noise infraction (which is a bylaw), they don't necessarily send a BY LAW enforcement officer, they send whomever is available. I've had to call numerous times and have gotten bylaw officers, and regular police show up. Just remembering the first couple of times, the bylaw officer showed up in an unmarked car. (but I think it said bylaw enforcement on her uniform).
How do I know? I have had to meet them at the front door to my building and twice, it said "bylaw enforcement" on the side of the car, and 4 times it was regular cops in kevlar.
As for being arrested for "assault". If anything it would be forcible confinement. But since a LOT of times the police don't charge people who get into real fights, I highly doubt if you grab someone by the wrist you will be fined with assault.
But to show you how really "off" you are, you plainly stated in your post that different police handle different offences. So, would a by law officer charge someone with assault? No, they'd have to call another form of officer (least according to you)
Get it? T R E S P A S S I N G.....
oh, and just to clarify? When you complain about a noise infraction (which is a bylaw), they don't necessarily send a BY LAW enforcement officer, they send whomever is available. I've had to call numerous times and have gotten bylaw officers, and regular police show up. Just remembering the first couple of times, the bylaw officer showed up in an unmarked car. (but I think it said bylaw enforcement on her uniform).
How do I know? I have had to meet them at the front door to my building and twice, it said "bylaw enforcement" on the side of the car, and 4 times it was regular cops in kevlar.
As for being arrested for "assault". If anything it would be forcible confinement. But since a LOT of times the police don't charge people who get into real fights, I highly doubt if you grab someone by the wrist you will be fined with assault.
But to show you how really "off" you are, you plainly stated in your post that different police handle different offences. So, would a by law officer charge someone with assault? No, they'd have to call another form of officer (least according to you)
Trespassing wouldn't apply for my front lawn, the city owns up to the front steps but they expect me to maintain it and they'll even fine me if I don't.
Calmly catch the person in the act and talk to them, they'll smarten up 90% of the time.
Calmly catch the person in the act and talk to them, they'll smarten up 90% of the time.
The part where it's a bylaw, not part of the criminal code.
Nope. Someone is not trespassing simply by being on your property. They are only trespassing if they are on your property, you ask them to leave, and they don't leave. Moreover even in that case it isn't criminal trespassing unless it's at night or there are some other conditions.
You fundamentally do not understand the difference between the criminal code and other laws. You plainly think breaking any law is criminal, but that is false. Only violations of the criminal code are criminal.
From the criminal code of canada:
"DEFENCE OF HOUSE OR REAL PROPERTY
... / Assault by trespasser.
41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.
(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation. [R.S. c.C-34, s.41.]
and:
Three possible jurisdictions of (by)-laws:
1) Criminal law. All criminal law is in Canadian federal domain.
A Toronto Police Service officer can enforce criminal law.
2) Provincial offences. Various non-criminal offences are defined by
the Province of Ontario. Speeding is an example. A Toronto Police Service
officer can enforce provincial offences.
3) City of Toronto by-laws passed by the municipal government.
Numerous by-laws for offences such as not picking up after Rover,
unlawful parking, or smoking in a restaurant. A Toronto Police Service
officer can enforce Toronto by-laws.
Do I need to post 10 or more for you guys to get it?
Just let me know and I'll keep going........
"DEFENCE OF HOUSE OR REAL PROPERTY
... / Assault by trespasser.
41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.
(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation. [R.S. c.C-34, s.41.]
and:
Three possible jurisdictions of (by)-laws:
1) Criminal law. All criminal law is in Canadian federal domain.
A Toronto Police Service officer can enforce criminal law.
2) Provincial offences. Various non-criminal offences are defined by
the Province of Ontario. Speeding is an example. A Toronto Police Service
officer can enforce provincial offences.
3) City of Toronto by-laws passed by the municipal government.
Numerous by-laws for offences such as not picking up after Rover,
unlawful parking, or smoking in a restaurant. A Toronto Police Service
officer can enforce Toronto by-laws.
Do I need to post 10 or more for you guys to get it?
Just let me know and I'll keep going........
Man accused of killing neighbor over dog pee
A retired former Marine who neighbors say obsessed over his University Park lawn is being held on $3 million bond, accused of gunning down a neighbor whose puppy allegedly urinated on the man's well-manicured grass.
Maybe an overreaction...
A retired former Marine who neighbors say obsessed over his University Park lawn is being held on $3 million bond, accused of gunning down a neighbor whose puppy allegedly urinated on the man's well-manicured grass.
Maybe an overreaction...
Thank you Brill and Fuji. My point is made.
Again Tboy, I am not disagreeing with you because I don't think what you are saying makes sense. I am disagreeing with you because the LAW is stated against what you have suggested. That is not my fault. Take it up with the law makers. Real Property is not the part the city can take away from you if they like.
You would/could be charged if you tried to detain someone for allowing their dog to poop on your lawn.
That is just the plain facts. Please contact your local by-law office and police station and run your scenario by them. See if they agree with you, because I am sorry but many here don't.
Have a good poop free day people. I have to work now.
Again Tboy, I am not disagreeing with you because I don't think what you are saying makes sense. I am disagreeing with you because the LAW is stated against what you have suggested. That is not my fault. Take it up with the law makers. Real Property is not the part the city can take away from you if they like.
You would/could be charged if you tried to detain someone for allowing their dog to poop on your lawn.
That is just the plain facts. Please contact your local by-law office and police station and run your scenario by them. See if they agree with you, because I am sorry but many here don't.
Have a good poop free day people. I have to work now.
First it would have to be trespassing, which means you would have to ask the person to leave, and they refuse to leave. THEN you could use the minimum force necessary to make them leave--the point being you have to ask them to leave first, and give them a reasonable opportunity to do so. Moreover if the dog owner is on city property and not on your property then you can't even ask them to leave as they have a right to be there, and they have a right to have their dog shit on city property--so long as they clean it up.
"DEFENCE OF HOUSE OR REAL PROPERTY
... / Assault by trespasser.
41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.
The point you are ignorantly ignoring is the fact that the dog shit is the EVIDENCE and if you catch them in the act the above law applies.......
You're not detaining them because their dog shit on your lawn, you're detaining them because they trespassed on your lawn......
Now if you wanted to REALLY get into it, the dog owner could argue that they couldn't pick up the poo because of the above law......
wrong
That is ONE of the criteria, but not the ONLY one:
Trespass an offence
2. (1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
It does NOT state AND anywhere in the above. They are not mutually inclusive. It specifically says OR.......
Ya think! He should have shot him with a camera instead! Could have worked out a whole lot better for all involved. (See post #'s 19 & 24)
I see you put your hands over your eyes, fingers in your ears and are humming "LALALALALALALALA"
